Some titles are pretty easy to figure out. You have a pretty good idea of a CEO’s role in a company. You also know what the general duties are of a chef, chauffeur, and chief financial officer. Titles are a way of life and they serve a fairly important purpose. They let others know what duties are expected from the title holders. This brings us to the primary role of defendants vs plaintiffs in injury claims. You may think you know what their duties are but are you positive? We’re looking at what role each can play in a personal injury claim.
Who Is The Defendant in a Personal Injury Claim?
The defendant in a personal injury lawsuit is the individual/s responsible for causing the accident resulting in your damages. Since most personal injury cases involve insurance companies, you may think this is the defendant. You’re close but not exactly correct.
While the insurance company may be the one issuing your settlement check, they didn’t cause your accident. Some common examples of defendants named in personal injury cases include but certainly aren’t limited to the following:
- Property owners, tenants, business owners, landlords. Essentially anyone in control of the property can be named as a defendant in a premises liability claim.
- Defendants in vehicle accidents can be the motorist, trucking company, passenger, bicyclist, or pedestrian. Yep, this also includes motorcyclists.
- Dog owners, tenants, and property owners. This can either be a bog bite or premises liability claim depending on the circumstances.
- Injuries occurring on public property may mean listing a government agency. An example can be a slip-and-fall accident on public transportation.
- Designers, manufacturers, distributors, and other parties responsible for products being on the market are typically listed as defendants in product liability claims.
- Construction accidents can name property owners, general and/or subcontractors as defendants.
- Medical malpractice claims typically name healthcare professionals like doctors, nurses, and medical facilities as defendants.
Essentially, you can name just about anyone as a defendant in a personal injury claim if their negligence contributed to your damages.
Who Is the Plaintiff in a Personal Injury Claim?
Are you the one filing the personal injury lawsuit? If so, you’re taking on the role of the plaintiff. The plaintiff is always the individual who’s seeking compensation for their damages. If the accident results in a fatality, the plaintiff obviously isn’t the deceased party. Filing a lawsuit after death brings new meaning to the phrase it’s a miracle.
The surviving family members of the deceased can file a claim for damages on behalf of their lost loved one. Instead of filing a personal injury claim, family members are named as the plaintiffs in a wrongful death lawsuit. So, who can be a plaintiff in a wrongful death lawsuit? Only close surviving family members like spouses, adult children, or parents are allowed to file a wrongful death claim.
However, if the deceased isn’t survived by close relatives, the court can step in and name a plaintiff. This is usually the executor of the deceased’s estate or one newly appointed by the court.
Understanding Third-Party Defendants and Plaintiffs
Some personal injury lawsuits aren’t limited to naming a single defendant and plaintiff. We know, just when you think you have a basic understanding of the law something else gets tossed at you.
However, some personal injury cases are complex and involve multiple parties. When this happens, you tend to end up with more than one listed defendant and/or plaintiff. Some examples of third parties joining an injury lawsuit include:
- The defendant names a third party as also being liable. This party is known as an impleader and shares some of the accident blame with the originally named defendant.
- If someone hops onto your lawsuit as a plaintiff, they’re known as a joinder. Before someone can join your lawsuit they must prove the defendant’s negligence is the direct cause of their injuries. Yep, the joiner also must prove negligence.
- An interpleader is similar to a joinder with one tiny difference. They’re filing a separate lawsuit but using your court date. Both claims are essentially joined since the damages stem from the same accident.
You may also have an intervention to join your personal injury case as a plaintiff. This is an individual or entity who has a statutory right to join your case. Think of this as similar to an interpleader, there really aren’t too many differences between these third parties.
The Essential Steps of a Personal Injury Lawsuit
Regardless of the type of personal injury lawsuit, the essential roles of the defendant and plaintiff stay about the same:
- The plaintiff files a complaint and serves the defendant.
- The defendant reviews the complaint and issues a response to either settle the claim or proceed with the legal process.
- Both parties go through a discovery process, this is when evidence is exchanged. Additional evidence may also be collected to help prove or disprove the injury claim.
- A series of negotiations and mediation sessions usually take place to see if both sides can come to an agreement.
- If negotiations fall through, both sides file pre-trial motions. The motions are heard by the court and you start moving forward with the trial.
During the trial, both the defendant and plaintiff present all of their evidence in court. After wrapping up this portion of the trial, the case goes before either the judge or jury. Plaintiffs and defendants can agree to have their case heard only by a judge or present it to a jury. Now both sides are sitting through deliberations waiting to hear the court’s decision. The court will either rule for the defendant or plaintiff depending on the strength of the evidence.
Navigating Your Role in a Personal Injury Case
Whether you’re the defendant or plaintiff, you’re probably in for the role of your life. You don’t want to make a misstep in court, it can derail your personal injury lawsuit. Working with an experienced personal injury attorney can help simplify the process. You’ll also have a better understanding of your role in the legal proceedings.